An Ikeja special offences court in Lagos state has discharged and acquitted Femi Fani-Kayode of 12 forgery-related charges preferred against him by the Economic and Financial Crimes Commission (EFCC).
Ruling on Tuesday, Olubunmi Abike-Fadipe, the trial judge, said the prosecution failed to link Chief Femi Kayode with the alleged offences.
The judge said Fani-Kayode had no case to answer as the prosecution failed to link him to the offence.
The judge ruled, “The extrajudicial statements which remain, and are intended as evidence, cannot be used for any purpose other than to contradict the person who made the statement when he is in the witness box.
“I have carefully studied the evidence of the prosecution witnesses, and I cannot find where the defendant committed the offences being alleged.
“The prosecution has failed to establish a prima facie case which would require the defendant to open his defence.”
However, the judge acquitted and discharged the defendant on the alleged offences.
In December 2021, the anti-graft agency accused the former Aviation Minister of forging a medical report to evade trial in another case.
The case involved 12 charges accusing Fani-Kayode of forging medical reports, which were allegedly submitted before Justice Daniel Osiagor at the Federal High Court in Ikoyi, Lagos, as part of his ongoing N4.9 billion fraud trial.
Fani-Kayode’s counsel, Norrison Quakers (SAN), successfully argued that his client had no case to answer.
One of the counts reads, “That you, Femi Fani-Kayode, on or about the 11th day of October, 2021 in Lagos, within the jurisdiction of this Honourable Court, by fraudulently used a false document titled: Medical Report on Olufemi Fani-Kayode 60 Years/Male/Hosp. No. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
Another count reads, “That you, Femi Fani-Kayode, on or about the 23rd day of March, 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: To Whom It May Concern Re: Femi Fani-Kayode Male/60 Years Hospital. No. 32145 Dated 23rd March 2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
The EFCC noted that procuring and execution of documents by false pretence is contrary to section 369 of the Criminal Law of Lagos State 2015.
During the trial, the management of Kubwa General Hospital, Abuja had denied admitting Femi Fani-Kayode as one of its patients.
Through its head of medical records, Bassey Amah, the hospital management told Justice Olubunmi Abike-Fadipe that a medical report presented in court by the former minister was not issued by the hospital.
Amah who testified before the court as first prosecution witness in the case said that Fani-Kayode is not a patient and has no medical report in the hospital.
A second prosecution witness, Abidat Bukola told the court how the former Minister of Aviation, allegedly gave her N820,000 to procure 4 forged medical reports.
The witness testified that Fani-Kayode at different times paid her the sums of N120,000, N150,000, N250,000 and N300,000 for the forged medical reports.
She also claimed that the former minister dictated what the content of the medical reports should be.
Chief Femi Kayode denied the allegations.
However, speaking to newsmen after his discharge, Fani-Kayode said he is overjoyed that he is finally free because he has been in and out of court for 18 years.